McGinley et al v. State of Florida, Department of Highway Safety and Motor Vehicles et al

Filing 19

ORDER: Plaintiffs' Motion to Compel Attendance of Defendant's Representative at Mediation 17 is DENIED. Ms. Brim is permitted to participate in the mediation conference of this case by telephone. Signed by Judge Virginia M. Hernandez Covington on 6/14/2010. (KAK)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION HUGH MCGINLEY, ET AL., v. Plaintiffs, Case No. 8:09-cv-32-T-33AEP

STATE OF FLORIDA, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, ET AL., Defendants. ___________________________/ ORDER This Plaintiffs' matter Motion comes to before Compel the Court of pursuant to

Attendance

Defendant's

Representative at Mediation (the "Motion" Doc. # 17), which was filed on June 10, 2010. Defendants filed a Response in The

Opposition to the Motion on June 14, 2010 (Doc. # 18).

mediation conference at issue is scheduled to take place on June 30, 2010. At the outset, this Court notes that it routinely denies motions to conduct telephonic mediation conferences. Local Rule 9.05(c), M.D. Fla., states, "Unless otherwise excused by the presiding judge in writing, all parties, corporate

representatives, and any other required claims professionals (insurance adjusters, etc.), shall be present at the Mediation Conference with full authority to negotiate a settlement." Court annexed mediation is a valuable tool for the

parties to utilize in settling their disputes.

This Court

requires personal attendance at mediation conferences because this Court strongly believes that mediation conferences are most effective when attended personally, rather than

telephonically. However, it should be noted in this case that several representatives will be physically present at the mediation on behalf of the Defendants. Plaintiffs are not complaining that the entire mediation will be conducted telephonically.

Rather, Plaintiffs seek an order compelling a Tallahassee, Florida insurance adjuster (specifically, the adjuster from the Florida Department of Financial Services, Division of Risk Management, Bureau of State Liability Claims), Rebecca Brim, to be physically present at the mediation. Plaintiffs argue that Ms. Brim is the person with the ultimate authority to settle this claim. remark that, during the mediation, Plaintiffs also plan to use

they

demonstrative aids that Ms. Brim will not see if she is participating by telephone. Defendants respond by indicating that Ms. Brim should not be compelled to be physically present at the mediation because she will not be reimbursed for her travel due to the budgetary limitations of her employer. 2 Defendants argue, "Those

extraordinary budgetary constraints and travel restrictions facing employees of the Florida Department of Financial

Services constitute good cause for allowing the adjuster to participate at mediation by telephone." (Doc. # 18 at 3). On balance, the Court determines that it is appropriate to allow Ms. Brim to participate reaches in the mediation by

telephone.

This

Court

this

conclusion

because

Defendants will be represented by several other individuals, in addition to counsel, at the duly scheduled mediation conference. Accordingly, it is hereby ORDERED, ADJUDGED, and DECREED: Plaintiffs' Motion to Compel Attendance of Defendant's Representative at Mediation (Doc. # 17) is DENIED. Ms. Brim

is permitted to participate in the mediation conference of this case by telephone. DONE and ORDERED in Chambers in Tampa, Florida, this 14th day of June 2010.

Copies: All Counsel of Record 3